Cap. 1085 - Education Scholarships Fund Ordinance

To make provision for the establishment of a trust fund to be known as the Education Scholarships Fund and for the due administration thereof and for purposes connected with the matters aforesaid. [23 December 1955](Format changes—E.R. 4 of 2023) 1. Short title This Ordinance may be cited as the Education Scholarships Fund Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—committee (委員會) means the Education Scholarships Fund Committee established by section 5;fund (基金) means the Education Scholarships Fund established by section 3;general capital (一般資本) means the moneys and assets mentioned in section 3(2)(a) and any moneys or assets forming part thereof under section 14(2)(a); (Added 63 of 1973 s. 2)General Reserve Fund (一般儲備金) means the reserve fund in respect of the scholarships referred to in Parts I and II of the Register; (Added 63 of 1973 s. 2)original value (原有價值) means the value of a scholarship on the first day it is administered by the Trustee; (Added 63 of 1973 s. 2)Permanent Secretary (常任秘書長) means the Permanent Secretary for Education; (Added 3 of 2003 s. 30. Amended L.N. 130 of 2007)Register (登記冊) means the register of scholarships referred to in section 8; (Added 63 of 1973 s. 2. Amended L.N. 446 of 1994)separate capital (獨立資本) means the moneys and assets of a scholarship referred to in Part III of the Register; (Added 63 of 1973 s. 2)Separate Reserve Fund (獨立儲備金) means the reserve fund formed in respect of a scholarship referred to in Part III of the Register; (Added 63 of 1973 s. 2)Trustee (受託人) means the Permanent Secretary as trustee of the fund; (Amended 3 of 2003 s. 30)*vesting day (歸屬日期) means the 1st day of April, 1956.(Amended 3 of 2003 s. 30) Editorial Note: * See G.N. 157 of 1956. 3. Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Education Scholarships Fund which is vested in the Permanent Secretary as Trustee. (2) The fund consists of—(a) the moneys and assets, including any sum accumulated by way of interest therefrom at the vesting day, the income from which is available for payment of the scholarships referred to in Parts I and II of the Register; (Replaced 63 of 1973 s. 3)(b) the moneys and assets of the scholarships referred to in Part III of the Register; (Replaced 63 of 1973 s. 3)(c) any further donations at any time made to the fund and accepted by the committee;(d) any sums paid in accordance with section 8(2).(3) For the purposes of this Ordinance, the person for the time being performing the duties of the office of the Permanent Secretary shall be a corporation sole and shall have the name of the “Permanent Secretary for Education” and shall have perpetual succession and all moneys and assets vested in the Trustee under this Ordinance shall be deemed to be vested in the Permanent Secretary for Education without any further transfer or conveyance. (Amended L.N. 130 of 2007)(Amended 3 of 2003 s. 31) 4. Objects of the trust fund (1) The Trustee holds and stands possessed of the fund subject to such direction and control by the committee as is provided in this Ordinance and subject to and in accordance with the provisions of this Ordinance upon trust—(a) as to the general capital, to apply the income therefrom in payment of the scholarships referred to in Parts I and II of the Register; (Replaced 63 of 1973 s. 4)(b) as to the separate capital of each of the scholarships referred to in Part III of the Register, to apply the income therefrom in payment of each scholarship in accordance with the terms laid down by the donor of the scholarship, if any, so far as they are not inconsistent with the provisions of this Ordinance; (Replaced 63 of 1973 s. 4)(c) as to any further moneys donated to the fund and accepted by the committee in trust to apply the income therefrom in accordance with the terms laid down by the donor or by the committee in accordance with section 14; (Amended 63 of 1973 s. 4)(d) as to any fees paid in accordance with section 8(3), to transfer them to the General Reserve Fund. (Replaced 63 of 1973 s. 4. Amended E.R. 4 of 2023)(2) Payments out of the fund may be made only to persons who at the date of taking their respective examinations were resident in Hong Kong but may be made in respect of attendance at any educational institution whether within Hong Kong or not. (Amended 13 of 1966 Schedule; 55 of 2000 s. 3) 5. Establishment of committee (1) There is hereby established a committee to be known as the Education Scholarships Fund Committee.(2) The committee shall consist of—(a) the Permanent Secretary or his representative; (Amended 19 of 1988 s. 2; 3 of 2003 s. 32)(b) the Director of Accounting Services or his representative; (Amended L.N. 16 of 1977; L.N. 453 of 1993)(c) the principal of Queen’s College;(d) the principal of King’s College;(e) such other members not exceeding two as may be appointed by the Chief Executive.(2A) The chairman of the committee shall be appointed by the Chief Executive. (Added 19 of 1988 s. 2)(3) Members appointed by the Chief Executive shall hold office for three years from the date of their respective appointments, and may be reappointed or removed by the Chief Executive at his discretion.(4) The quorum necessary for the transaction of business by the committee may be fixed by standing orders made under section 6 and unless so fixed shall be three members.(Amended 55 of 2000 s. 3) 6. Standing orders of committee (1) The committee may make standing orders—(a) governing its procedure in the transaction of business;(b) for the maintenance of good order at its meetings; and(c) generally, for matters relating to the administration and management of the fund and the discharge of its duties.(2) A copy of such standing orders shall be furnished to the Chief Secretary for Administration and they shall be subject to disallowance by the Chief Executive. (Amended L.N. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997; 55 of 2000 s. 3)(3) All questions arising at any meeting of the committee shall be decided by a majority of votes of members present and, in case of an equality of votes, the chairman shall have a casting vote in addition to his original vote. 7. Secretary (1) There shall be a secretary to the committee, hereinafter referred to as the secretary, who shall be appointed by the Chief Executive. (Amended 55 of 2000 s. 3)(2) The secretary shall summon such meetings of the committee as may be required of which he shall give at least seven days’ notice with an agenda.(3) The secretary shall maintain minutes of each meeting of the committee. 8. Register of scholarships (1) The secretary shall cause a Register of Scholarships to be maintained and the following particulars shall be entered therein—(a) in Part I—(i) the names of the scholarships donated before the vesting day in respect of which the amounts donated and the conditions of award as laid down by the donors are unknown;(ii) the original value of each scholarship;(iii) the conditions of award as laid down by the committee in respect of each scholarship;(b) in Part II—(i) the names of the scholarships donated before the vesting day in respect of which the amounts donated and the conditions of award as laid down by the donors are known, and the names of scholarships donated and accepted after that day under section 14(2)(a);(ii) the moneys and assets representing the original donation in respect of each scholarship;(iii) the original number of awards in respect of each scholarship;(iv) the original value of each scholarship or of the awards thereof;(v) the conditions of award in respect of each scholarship;(vi) the name of the donor; and(c) in Part III—(i) the Fung Ping Shan scholarship, and the names of the scholarships donated and accepted after the vesting day under section 14(2)(b);(ii) the moneys and assets representing the original donation in respect of each scholarship;(iii) the original number of awards in respect of each scholarship;(iv) the original value of each scholarship or of the awards thereof;(v) the conditions of award in respect of each scholarship;(vi) the name of the donor.(2) The secretary shall note in the Register any changes made in respect of any scholarship under section 13 or 17.(3) The Register shall be available for public inspection at the office of the Permanent Secretary at all convenient times on payment to the fund of a fee of 5 dollars. (Amended 3 of 2003 s. 32)(Replaced 63 of 1973 s. 5) 9. Treasurer and auditor (1) There shall be a treasurer of the fund, hereinafter referred to as the treasurer, who shall be appointed by the Chief Executive. (Amended 55 of 2000 s. 3)(2) The treasurer shall keep such accounts and records of the fund as the Director of Accounting Services may in writing require and shall keep separate accounts in respect of— (Amended 19 of 1988 s. 3)(a) the general capital and the General Reserve Fund of the scholarships referred to in Parts I and II of the Register;(b) the separate capital and the Separate Reserve Fund of each scholarship referred to in Part III of the Register;(c) any fees paid in accordance with section 8(3). (Replaced 63 of 1973 s. 6)(3) The treasurer shall make all payments to holders of scholarships in accordance with the directions of the Trustee. (Replaced 19 of 1960 s. 2)(4) The Trustee shall cause the treasurer to prepare for every period of twelve months ending on the 31st day of August in each year a statement of the accounts of the fund, which statement shall include an income and expenditure account, and a balance sheet and shall be signed by the Trustee. (Replaced 19 of 1960 s. 2. Amended 68 of 1995 s. 43)(5) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Chief Executive and the auditor shall certify the statement subject to such report, if any, as he may think fit. (Replaced 19 of 1960 s. 2. Amended 55 of 2000 s. 3)(6) A copy of the signed and audited statement of account together with the auditor’s report, if any, and a report by the Trustee on the administration of the fund during the period covered by the audited accounts shall be laid upon the table of the Legislative Council not later than the 28th day of February next following the end of such period or so soon thereafter as the Chief Executive, in his absolute discretion, may allow. (Added 19 of 1960 s. 2. Amended 55 of 2000 s. 3) 10. Investment (1) If the original donor of any moneys at any time forming part of the fund stipulated or shall stipulate at the time when the donation is made any particular kind of investment or gave or shall give the moneys in the form of a particular kind of investment the Trustee may invest and continue to hold invested such moneys in such kind of investment.(2) The Trustee may continue to hold any investments in which any moneys forming part of the fund are at present invested.(3) Subject to the provisions of subsections (1) and (2), the Trustee shall invest moneys comprised in the fund only in investments permitted for the investment of trust funds by any enactment or in such other investments as may be specially authorized by the committee.(4) (Repealed 68 of 1995 s. 44)(5) The Trustee may delegate the treasurer to exercise the powers in respect of investments conferred on him by this section. (Added 68 of 1995 s. 44) 11. Payments into and out of the fund (1) All income from investments in the name of the Trustee and other revenue of the fund and all uninvested moneys of the fund shall be paid into a bank account in the name of the Trustee. (Amended 63 of 1973 s. 7)(2) Withdrawal from the fund shall be only by cheques signed by the Permanent Secretary and either the secretary or the treasurer. (Amended 3 of 2003 s. 32) 12. Disposal of excess income and reserve funds (1) The committee may direct the Trustee—(a) to transfer any income received in any year from the general capital which is in excess of the total amount required for payment of the scholarships referred to in Parts I and II of the Register in that year to the General Reserve Fund or to apply that income to form part of the general capital;(b) to apply the General Reserve Fund or any part thereof to form part of the general capital; or(c) to apply the General Reserve Fund or any part thereof to augment the income from the general capital in any year.(2) The committee may direct the Trustee—(a) to transfer any income received in any year from a separate capital of a scholarship in Part III of the Register which is in excess of the amount required for payment of the scholarship for which it is applicable in that year to the Separate Reserve Fund of such scholarship or to apply that income to form part of the separate capital;(b) to apply a Separate Reserve Fund of a scholarship in Part III of the Register or any part thereof to form part of the separate capital of such scholarship; or(c) to apply a Separate Reserve Fund of a scholarship in Part III of the Register or any part thereof to augment the income from the separate capital of such scholarship in any year.(Replaced 63 of 1973 s. 8) 13. Variation of value of scholarship and creation of additional award (1) Subject to subsection (4), the committee may in any year, direct the Trustee—(a) to increase or decrease the value of any scholarship or of any award thereof; or(b) to create an additional award of any scholarship provided that the value of any other award of that scholarship does not thereby fall below its original value.(2) Where an additional award of a scholarship is created under subsection (1)(b), the conditions of the award, which shall be specified by the committee, may differ as to school, institution, class, form, subject or otherwise from the conditions of any other award of that scholarship.(3) The committee may direct the Trustee to cancel any additional award of a scholarship created under subsection (1)(b).(4) The committee shall not under subsection (1) direct the Trustee to decrease the value of any scholarship or any award thereof, or to create any additional award thereof, without the consent of the donor of that scholarship if he is living.(5) Notice of any variation of the value of a scholarship or of an award thereof or of the creation of an additional award of a scholarship shall be given by the Permanent Secretary by notice published in the Gazette. (Amended 3 of 2003 s. 32)(Replaced 63 of 1973 s. 9) 14. Future donations to fund (1) The Trustee, in accordance with the directions of the committee, may refuse any donation to the fund if it appears to the committee that it would not be convenient or proper to administer the scholarship proposed to be paid out of such donation.(2) Any future donations to the fund accepted by the Trustee may, at the option of the donor or if he shall not have expressed any wish thereon, at the option of the committee be either—(a) applied to form part of the general capital whereupon the scholarship payable out of such donation shall be entered in Part II of the Register; or (Replaced 63 of 1973 s. 10)(b) retained in a separate account whereupon the scholarship payable out of such donation shall be entered in Part III of the Register. (Replaced 63 of 1973 s. 10)(3) Notice of any future donations accepted under this section shall be given by the Permanent Secretary by notice published in the Gazette. (Added 63 of 1973 s. 10. Amended 3 of 2003 s. 32) 15. Postponement of payment of scholarship (1) The committee may, in its absolute discretion, decide that in any year there is no person eligible to be a recipient of a scholarship and may direct that no payment is made in respect of that scholarship during that year.(2) If any scholarship is payable by instalments over a period of more than one year the committee may, in its absolute discretion, cancel the scholarship on the grounds that the person to whom the scholarship was awarded has not made sufficient progress to justify the continuance of payments.(3) Any moneys remaining unpaid by reason of the provisions of subsection (1) or (2) may be applied by the Trustee at the direction of the committee in the same or any subsequent year to augment future scholarships or to create an additional scholarship under the same conditions of award as attached to the original scholarship. 16. Saving Nothing in this Ordinance shall prevent a person receiving payment in respect of more than one scholarship. 17. Change of conditions of award of scholarship (1) If at any time it appears to the Permanent Secretary that it has become impracticable or impossible to apply— (Amended 3 of 2003 s. 32)(a) the income from any part of the general capital in payment of any of the scholarships referred to in Parts I and II of the Register; or(b) the income from the separate capital of a scholarship referred to in Part III of the Register in payment of such scholarship,the Permanent Secretary may bring such fact to the notice of the committee. (Amended 63 of 1973 s. 11; 3 of 2003 s. 32)(2) Upon consideration of this fact the committee may decide that it would be in the public interest to change the conditions of award of such scholarship. 18. Notice of change of conditions of award If in accordance with the provisions of section 17 the committee decides that it is in the public interest to change the conditions of award of a scholarship the secretary shall cause to be published once each and on the same day in one English language daily newspaper and one Chinese language daily newspaper each circulating in Hong Kong a notice stating— (Amended 55 of 2000 s. 3)(a) the conditions of award of the scholarship as set forth in Part I, II or III of the Register or in respect of moneys donated to the fund in accordance with section 4(1)(c) as stipulated by the donor; (Amended 63 of 1973 s. 12)(b) that the committee proposes to change the conditions of award of the scholarship;(c) the proposed new conditions of award;(d) that any person who objects to the proposal of the committee may submit representations in writing addressed to the secretary and delivered to him at the office of the Permanent Secretary within one month of the date of publication of the notice and in addition may appear before the committee in person at a date to be stipulated in the notice, such date to be not less than one month after the date of publication of the notice, to explain his objection. (Amended 3 of 2003 s. 32) 19. Determination of change of condition of award (1) The committee shall meet not less than one month and not more than two months after the date of publication of the notice referred to in section 18, and shall consider any objection to a proposal to change the conditions of award of a scholarship and at such meeting or at any adjournment thereof shall decide whether the conditions of award of such scholarship should be changed and in what manner.(2) If at such meeting the committee shall decide to change the conditions of award of a scholarship it shall make an order changing such conditions.(3) Such order shall be published in the Gazette under the hand of the Permanent Secretary. (Amended 3 of 2003 s. 32)(4) Upon publication of such order the Trustee shall thereupon hold the moneys vested in him in respect of such scholarship upon trust to apply the income therefrom in payment of such scholarship in accordance with such altered conditions of award. (Amended 63 of 1973 s. 13) 20. Restriction of change of conditions of award The power of alteration of the conditions of award contained in sections 17, 18 and 19 shall be exercised in accordance with the cy prés rule and shall include a power to combine any two or more scholarships and to divide any scholarship. 21. Cost of administration The cost of administering the fund shall be paid out of the general revenue.(Amended 55 of 2000 s. 3) 22. Saving Nothing in this Ordinance shall effect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them.(Amended 55 of 2000 s. 3) 23. Saving and transitional provisions relating to the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (1) In this section and section 24—Amended Ordinance (經修訂條例) means this Ordinance as amended by the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003);*date of commencement (生效日期) means the date of commencement of the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003).(2) A reference in section 24 to property, rights and liabilities of the corporation sole known as the “Director of Education” is a reference to—(a) property and assets of every description (whether tangible or intangible) and rights and liabilities of every description (whether present or future, actual or contingent);(b) property wherever situated or rights and liabilities under the law of any place.(3) The corporation sole known as the “Permanent Secretary for Education and Manpower” constituted by section 3(3) of the Amended Ordinance is deemed to be a continuation of and the same legal entity as the corporation sole known as the “Director of Education” constituted by section 3(3) of this Ordinance before the date of commencement.(4) The enactment of the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003) does not affect the legality and validity of anything done by the corporation sole known as the “Director of Education” before the date of commencement.(Added 3 of 2003 s. 33)Editorial Note:* Commencement date: 28 February 2003. 24. Provisions incidental and supplemental to section 23 (1) The provisions in this section are for the avoidance of doubt and apply without limiting the generality of section 23 and to the extent that they are appropriate in the circumstances and consistent with this Ordinance.(2) As from the date of commencement, all property, rights and liabilities to which the corporation sole known as the “Director of Education” was entitled or subject immediately before that date are deemed to be vested, without any actual transfer or conveyance, in the corporation sole known as the “Permanent Secretary for Education and Manpower”.(3) A reference to the corporation sole known as the “Director of Education”—(a) in any agreement, arrangement or contract or in any deed, bond or any other instrument;(b) in any process or other document issued, prepared or employed for the purpose of any proceeding before a court, tribunal or similar body; and(c) in any other document whatsoever (other than an enactment) relating to or affecting any property, right or liability of the corporation sole known as the “Director of Education” which vests in the corporation sole known as the “Permanent Secretary for Education and Manpower” by virtue of subsection (2),shall be taken as from the date of commencement as referring to the corporation sole known as the “Permanent Secretary for Education and Manpower”.(4) The record of property of the corporation sole known as the “Director of Education” immediately before the date of commencement that is in the form of any entry in the books of a bank, company or other corporation is to be transferred in those books to the corporation sole known as the “Permanent Secretary for Education and Manpower” on the request of the corporation sole known as the “Permanent Secretary for Education and Manpower” by the bank, company or other corporation.(5) The corporation sole known as the “Permanent Secretary for Education and Manpower” may sue on, recover or enforce any property or right vested in it under subsection (2) and may be sued for any liabilities to which it is subject under that subsection.(6) The corporation sole known as the “Permanent Secretary for Education and Manpower” may sue on, recover or enforce a chose in action vested in it under subsection (2) without having to give a notice of transfer to the person bound by the chose in action.(7) Any claim by or against the corporation sole known as the “Director of Education” in any judicial or administrative proceedings that is subsisting immediately before the date of commencement does not abate by reason of the enactment of the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003) and may be continued or enforced by or against the corporation sole known as the “Permanent Secretary for Education and Manpower”.(8) In any judicial or administrative proceedings that is subsisting immediately before the date of commencement in which the corporation sole known as the “Director of Education” is a party, the corporation sole known as the “Permanent Secretary for Education and Manpower” shall, on and from that date, substitute for the corporation sole known as the “Director of Education” as that party.(9) This section and section 23 shall not be construed as giving validity, continuing in force or giving effect to any or all of the following—(a) anything that could not have validly been done or given effect to under an enactment amended or repealed by the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003); or(b) anything done otherwise than in the lawful exercise of a power or performance of a duty.(10) This section and section 23 are in addition to and not in derogation from section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).(Added 3 of 2003 s. 33)